Patna High CourtCR. APP (SJ)/1241/2017disposed

Krishna Kumar Singh And ANR v. The State Of Bihar

2017-07-31Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court CR. APP (SJ) No.1241 of 2017 (5) dt.31-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1241 of 2017 Arising Out of PS.Case No. -139 Year- 2016 Thana -BAHERI District- DARBHANGA ======================================================

1. Krishna Kumar Singh, son of Chandra Shekhar Singh,

2. Munna Kumar Singh, son of Sri Krishna Kumar Singh, Both resident of Village- Harhachcha, P.S.- Baheri, Distt- Darbhanga. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ratan Kumar Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2017 The appellants seek pre arrest bail in connection with Baheri P.S. Case No. 139 of 2016, registered for offences punishable under Sections 341, 323, 504, 506, 307, 325, 448, 354, 379 and 279/34 of the Indian Penal Code and section 3(i)(s) of SC/ST (POA) Act.

Allegation against the appellants is of abusing the informant by caste name and also assaulting him. It has been submitted on behalf of the appellants that the informant is in habit of filing false cases as he has filed fourteen cases against the father of one of the appellants. Further no specific allegation has been levelled against the appellants. Heard learned Special P.P. also. He has opposed the prayer and submitted that in this case now charge-sheet has been

Patna High Court CR. APP (SJ) No.1241 of 2017 (5) dt.31-07-2017 filed and, therefore, this appeal is not maintainable. Having heard both sides, in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act is made out against the appellants, as such, this appeal is not maintainable.

Let appellants surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the above submissions of learned counsel for the appellants, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U T